IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100019472


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the:

* Army Good Conduct Medal
* Vietnam Service Medal with two or three bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* any and all decorations awarded to F Troop, 2nd Squadron, 11th Armored Cavalry Regiment (ACR)

2.  The applicant states his awards were “left off” as a result of leaving Vietnam and the Army.

3.  The applicant provides:

* his DD Form 214
* a National Personnel Records Center (NPRC) letter, dated 29 June 2010
* a DA Form 20 (Enlisted Qualification Record)
* Special Orders Number 213, issued by Headquarters, 11th ACR, dated 9 August 1969
* 
General Orders Number 114, issued by the same headquarters, dated
27 August 1969
* Special Orders Number 66, issued by Headquarters, Fort Riley, KS, dated 28 March 1969

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 22 April 1968.  He completed training as an armor intelligence specialist.  

3.  On 28 March 1969, Special Orders Number 66 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The applicant arrived in Vietnam on 11 May 1969 and he was assigned to
F Troop, 2nd Squadron, 11th ACR.

5.  On 9 August 1969, Special Orders Number 213 awarded him the Combat Infantryman Badge.

6.  The applicant departed Vietnam en route to the continental United States on 28 March 1970.

7.  On 1 April 1970, the applicant was released from active duty as an overseas returnee.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Purple Heart

8.  Item 29 (Qualification in Arms) of the applicant's DA Form 20 shows he qualified as a sharpshooter with the M-14 rifle on 26 May 1968.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander disqualification for the first award of the Army Good Conduct Medal.

10.  The applicant submits a letter from the NPRC showing he is authorized the following awards:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with two bronze service Stars
* Combat Infantryman Badge (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar

11.  Army Regulation 635-5 (Separation Documents) governs preparation of the DD Form 214.  This regulation provides that item 24 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

13.  Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows F Troop, 2nd Squadron, 11th ACR, was cited for award of the Valorous Unit Award for the period 19-20 June 1969 by Department of the Army General Orders (DAGO) Number 53, dated 1970.

15.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of service with no evidence of any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  He also received "excellent" conduct and efficiency ratings throughout his service.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

2.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  The applicant was awarded the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar by proper orders.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  The applicant's DA Form 20 shows he qualified as a sharpshooter with the
M-14 rifle.  Therefore, his DD Form 214 should be corrected to show the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

5.  The applicant's DD Form 214 shows the Vietnam Campaign Medal; however, its proper name is the Republic of Vietnam Campaign Medal with Device (1960). Therefore, his DD Form 214 should be corrected to show this award's proper name.

6.  The applicant's unit in Vietnam was cited for award of the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  The Republic of Vietnam Gallantry Cross with Palm unit Citation was awarded to all units in Vietnam during the applicant's period of service.  Therefore, his
DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

__X_____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 to the Vietnam Service Medal and the Vietnam Campaign Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period  22 April 1968 through 1 April 1970; and

	c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)




      ___________X___________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100019472



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